SATYENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure preferred by petitioner Satyendra Kumar Sinha praying therein to quash order dated 30.8.1995 recorded by the Chief Judicial Magistrate, Arrah in G.R. No. 1623 of 1994 whereby cognizance of offence against the petitioner under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code was taken, as also to quash the entire criminal proceeding arising out of the aforesaid order which was then pending before Shri R.K. Tewary, the then Judicial Magistrate. 1st Class. Arrah.

(2.) THE facts in brief are that the petitioner who claims to have been appointed as Basic Health Worker by the Chief Malaria Officer, Bihar, Patna. was working as such at Piro Block. It having transpired that the aforesaid appointment letter was fake and forged, F.I.R. for the same was lodged by the In charge Medical Officer at Piro in which the police, after investigation, submitted charge -sheet on which, alter consideration of the same the learned Chief Judicial Magistrate, Arrah passed the impugned order.

(3.) LEARNED Counsel also argued that in case of a public servant, a preliminary inquiry was necessary which was not done, for which learned Counsel has relied upon a decision reported in A.I.R. 1971 SC 520. It was also argued that since in the entire case diary, there is only opinion of the Investigating Officer that the signature on the forged letter was not that of the Chief Malaria Officer, without getting the two signatures compared by an expert, there was no chance of conviction in such a case, hence criminal proceeding against the petitioner was fit to be quashed. For this, learned Counsel has relied upon a judgment of the Supreme Court in the case of Madhavrao Jiwaji Rao Scindia and Anr. v. Sambhajirao Chandrajirao Angre and Ors. : 1988CriLJ853 .